How to File a Public Comment on the DHS $103,265 H-1B Fee NPRM Before September 24, 2026

Last verified: August 31, 2026. Deadline to comment: approximately September 24, 2026. This is a guide, not legal advice.

DHS's Notice of Proposed Rulemaking (NPRM) proposing a $103,265 per-petition fee on cap-subject H-1B filings was published in the Federal Register on August 25, 2026. The public comment window closes on or about September 24, 2026. Every H-1B holder, every H-1B employer, and every prospective applicant has the right to file a public comment. Volume matters. Well-argued comments matter more.

This is the practical guide to actually filing one — not just talking about it.

Why Comments Matter (and When They Don't)

Federal agencies are required to consider substantive comments and respond to them in the final rule. Comments that raise legal, factual, or economic arguments the agency cannot easily dismiss form the record for future litigation. Comments that simply say "I disagree" or "this is unfair" are counted but carry little legal weight.

The single best comment is one that gives DHS a specific factual reason to modify the rule — not an emotional plea.

Step-by-Step: How to File

1. Find the docket

Go to regulations.gov. Search for docket keywords: "H-1B" and "fee" filtered to August 2026 publications. The specific docket number will be printed at the top of the NPRM's Federal Register notice.

2. Click "Comment"

The blue "Comment" button opens the submission form. You can comment as an individual, an organization, or anonymously (though named comments carry more weight).

3. Attach a written comment

The form accepts a text comment inline or a PDF attachment. For anything longer than a few paragraphs, use a PDF — it looks more professional and is easier for reviewers to cite.

4. Include specific information

• Your name (or "Concerned Indian National on H-1B" if you prefer semi-anonymous).
• Your role: employer, current H-1B holder, prospective applicant, family member, immigration attorney, etc.
• Your geographic location (state / metro).
• The economic and human impact you can document.

5. Submit before 11:59 PM ET on the closing date

Do NOT wait until the last day. Regulations.gov has been known to slow or fail near comment-period deadlines.

What to Actually Write — A Framework

The strongest comment structure

1. State your standing: Who you are, your visa status, your employer sector, your role.
2. Identify a specific claim in the NPRM that you disagree with — cite the paragraph number.
3. Provide contrary evidence: your salary, your employer's cost structure, the size of the industry, a comparable federal fee elsewhere.
4. Propose an alternative: A different fee level, a graduated fee tied to wage, an exemption for cap-exempt-adjacent employers.
5. State the economic consequence of the rule as written vs your alternative.

Specific angles that carry weight

• Cost recovery methodology. DHS calculated the fee by dividing projected interagency costs (~$8.78 billion) by 85,000 petitions. Challenge the methodology: are all interagency costs properly attributed to H-1B? Do actual selection rates justify the divisor?
• Wage-weighted lottery interaction. The rule stacks on top of wage-weighted selection. Argue that the two together create disproportionate impact on legitimate small employers.
• Small employer harm. Detail how a $103,265 fee will price out small US employers who cannot absorb the cost — leading to precisely the "outsourcing" outcome the rule is meant to prevent.
• API of the rule. Argue that the flat per-petition fee is regressive: it hits a $65,000-salary role harder than a $250,000-salary role in percentage terms.
• Legal authority. Attorneys will file comments on whether DHS has statutory authority under 8 USC 1184(g) to impose a fee of this magnitude via notice-and-comment.

What NOT to Write

• Personal attacks on named administration officials.
• Off-topic complaints (e.g., about other visa categories, other rules).
• Anecdotal frustration without a linkable, verifiable claim.
• Duplicated form letters — mass copy-paste comments are counted as a single comment.

Template Structure (Adapt, Don't Copy Verbatim)

What Happens After September 24

DHS must review all timely comments and respond to substantive ones in the preamble to the final rule. If they proceed to a final rule that ignores substantive comments, litigation becomes more likely. Volume + quality of the comment record is the record on which future courts will judge whether the rulemaking was reasoned.

Realistic timeline:

• Sept 24, 2026: Comment window closes.
• Q4 2026 – Q1 2027: DHS review + drafting of final rule.
• Late Q1 or Q2 2027: Final rule published, with effective date typically 30-60 days later.
• Litigation: Possible immediate court challenge; injunction could delay or block effective date.

Should You Comment?

Yes. Even a short, well-argued comment strengthens the administrative record. If you are on H-1B, an H-1B employer, or a family member, your voice belongs in the record. Take 30 minutes this week.

Companion Reading

• H-1B Rules & USA Tech Layoffs: Late August 2026 Update for NRIs
• US NRI Visa & Immigration Hub 2026
• H-1B Grace Period Strategies After Layoff: Complete Detailed Guide 2026

This is a procedural guide, not legal advice. For a case-specific comment strategy, consult a licensed immigration attorney or an established advocacy organization.